The Hawaiian gazette., 1887-06-14

QUESTIONS bESERVED 81 JUDI, I. ..
IL rHE MATTER OF TIE APPLICATION OF
PuPulAs1 tRl ron A WRIT o. HABEAs
CoRrUs.
rrroEx 5C0p g. J.. 1'cr11x s. PRESTON j.,
BIC1ESroN 3. FORM ENDEE g.. 2sSES1.
opiaioa .s Css~ag Preston. =
This matter came before the Court
on questions reserved by the Chief
Justice under the following circum-
stances:
On the 5th Of April last application
was made 10 the Chief Justice. sitting
In Chambers. on behalf Of one Pilpu
LAM. then in custody under an alleged
conviction for selling spiuruous il
ouorS without 4 license. j writ was
issued. and on the It'll Of April the
matter came On for hearing. tie
prisoner being in Court. and the
Marshal Sled return. alleging that
1.-THE said Pupiilam Is restrained law
f1lly. by virtue Of q judgment lssu-
ing from the First District Court 1f
Oahu and Police Court of Honolulu
on tie 10Th February. 1SS7. by the
records OF which Court Il appears
that the said Piipiilali. on the 7th
day Of February. 1884, appeared be
lore said Court and was charged
with selling and disposing Of spirit
nous LIQUORS on the 9Th of February.
1881. in Honolulu. without 2 license.
Il which he pleaded not guilty and
was remanded TO the 10Th February
for trial, on which day the case came
up for trial. his counsel admitting
that the bottles shown n Court con
tanned spiuuous liquor. and evidence
was given by several witnesses tend
ing 10 show that said Pnpiilani had
sold LIQUOR Il hawaaloa and Walia
on the day charged Upon which
Justice Dayton adjudged the defend
ant guilty and sentenced Inn 70 pay
3 fine Il four hundred dollars and 10
pay tLe-coSts- SS.1o. wherelpon the
said Justice issued q uitumus 70 the
Marshal. 3 copy Of which Is attached.
which Is the true cause q his lmpr;s-
onment.
The record shows that the prisoner
was charged with selling and dis
posing Of spirituous liquor on the 9th
instant in Honolulu without q L
cense. and after setting ont the evi-
6ence. concludes as follows:
Defendant found guilty Of selling
liquor without q license and sentenced
10 pay q line Of 5S40o.l four hundred
dollars and pay costs. SS.1o.
The mittimuS. % tsr IS i material.
Is Is follows
Whereas Piipiilani mas this day
been convicted N our Police Court al
Honolulu Island Of Oahu for the Of
tense of selling and dispoSing Of spr +
ituous liquors without q license con .
trary 10 Sec. , q the session Laws Of
1856 relating . the regulation Of the
sale Of SplutUoUs liquors. and upon
conviction thereof the said Court did
adjudCe and determine that he should
pay q 1re Of four hundred dollars and
the costs Of this prosecution taxed at
three 20 loo dollars and IN default OF
payment thereof that be should be in /
prisoned ii hard labor until the same
be paid. unless sooner discharged &C
cc0iing to law Then follows 2 di 4
recnon Jo the Marshal to cause the 4
said sentence Il. be duly executed.
With the consent Of counsel the
Chief Justice reserved the following
questions for the consideration OF the 4
f,il ts9r-r- IN Raur0
! Does L appear by the mittimus
herein. that the ofense herein alleged
70 have been committed was commit
ted within the Jurisdiction Of the Pc
Ice Justice who signed tie mitGmus
, i the mittimus herein defective
for not stating that ll2-cC was sold = .
any person
8. ! the lnit1imus herein defective
Tor loc stating the time when tie 81
legged otfense was Commltse5
1 + the mittirnuS defective II 11c .
setting ont specifically II which de .
gree the prisoner was found guilty
the second Section Of the &c. q 1885 .
relating 10 the regulation Of the sale .
Of spiutuous liquors. referred L n .
said mi1tlmns- providing punishment
according 10 the degree Of the oEense- .
). Does the mitumus vary from the f.
Judgment n that the prisoner : ad
Judged guilty Of selling LIQUOR
without . license ana sentenced 70
pay 2 fine Of iS4l0l four hundred
dollars and pay costs. $50. and pro
vides for 10 Imprisonment for non
payment q In imposed. whereas the
lnittmus adds .l4s word -'spirituous
aud imprisonment IN default OF pay
ment Of line.
& Whether. Il not appearing On the
lace u the mlt5smIS whether the mat
Ter was within the Jurisdiction u said
Police Court ~ not. and the tac:s as
. variance between the Judgment
and mlt1lmUS are a. sisted IN point ;
n either case prisoner would be en-
tltle3t - discharge 81 a15ass o--gsss
= II Il sppe2rs from 5ae recort.s u
the Police COsr1 sla.s said Co1rT mad
jurisdiction q Ike ca1S4. W. ass
esrPas lie 10 attack this !ld-.ael, q.